From: Subject: FR Doc 04-22363 Date: Fri, 28 Jan 2011 16:00:50 -0500 MIME-Version: 1.0 Content-Type: text/html; charset="utf-8" Content-Transfer-Encoding: quoted-printable Content-Location: http://edocket.access.gpo.gov/2004/04-22363.htm X-MimeOLE: Produced By Microsoft MimeOLE V6.00.2900.5994 =EF=BB=BF FR Doc 04-22363 
[Federal Register: October 5, 2004 (Volume 69, Number 192)]
[Notices]              =20
[Page 59609-59611]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05oc04-76]                        =20

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

RIN 1660-ZA04

=20
Privacy Act of 1974; Updating the Student Application and=20
Registration System of Records

AGENCY: Federal Emergency Management Agency (FEMA), Emergency=20
Preparedness and Response (EP and R) Directorate, Department of=20
Homeland Security (DHS).

ACTION: Notice of proposed revision to an existing Privacy Act system=20
of records.

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SUMMARY: Pursuant to the Privacy Act of 1974 (5 U.S.C. 552a), FEMA=20
proposes to upgrade the system of records currently entitled ``Student=20
Application and Registration Records, FEMA/NETC/-017,'' by amending the=20
method of collecting the information from hard copy only to hard copy=20
and electronic. FEMA is also modifying this system of records to=20
reflect its transfer to DHS. Subsections 552a(e)(4) and (11) of Title=20
5, United States Code, provide that the public be given a 30-day period=20
in which to comment on routine uses. The Office of Management and=20
Budget (OMB), which has oversight responsibility under the Act,=20
requires a 40-day period in which to review the proposed systems.

DATES: The proposed system of records will be effective November 15,=20
2004, unless comments are received that result in a contrary=20
determination. The public, OMB and Congress are invited to comment on=20
the proposed system of records.

ADDRESSES: We invite your comments on this system of records. Please=20
address them to the Rules Docket Clerk, Office of the General Counsel,=20
Federal Emergency Management Agency, room 840, 500 C Street, SW.,=20
Washington, DC 20472, (telefax) (202) 646-4536, or (email) 
FEMA-RULES@dhs.gov.


FOR FURTHER INFORMATION CONTACT: Rena Y. Kim, Privacy Act Officer, room=20
840, 500 C Street, SW., Washington, DC 20472; (telephone) (202) 646-
3949.

SUPPLEMENTARY INFORMATION: Prior to March 1, 2003, FEMA was an=20
independent agency within the Federal government. While operating as an=20
independent agency, FEMA established this Privacy Act system of=20
records. See 55 FR 37182, Sept. 7, 1990; 52 FR 324, Jan. 5, 1987; 49 FR=20
45257, Nov. 15, 1984; 48 FR 12132, Mar. 23, 1982; 47 FR 53483, Nov. 26,=20
1982; 46 FR 49726, Oct. 7, 1981; 45 FR 67830, Oct. 14, 1980; and 45 FR=20
51431, Aug. 1, 1980. As of March 1, 2003, FEMA became a component of EP=20
and R, which is a Directorate of DHS. The previous notice is,=20
therefore, being updated in part to reflect the transfer of FEMA's=20
functions to the EP and R Directorate within DHS and in part to reflect=20
a conversion in the type of records being maintained in this system.
    This system of records contains information provided by individuals=20
applying for courses offered by the National Fire Academy (NFA) and the=20
Emergency Management Institute (EMI) on-campus and off-campus, by State=20
and local training agencies, through selected colleges and=20
universities, and through independent self-study. Information collected=20
includes citizenship (city and country of birth for non-U.S. citizens),=20
social security number or an alternate number that has been assigned in=20
lieu of the social security number, name, mailing address, work phone=20
number, alternate phone number, fax number, e-mail address, course code=20
and title, course location, dates requested, course pre-requisite as=20
described in the course catalog, special assistance request, name and=20
address of the organization being represented, fire department=20
identification number, current position and years in that position,=20
category of the position, jurisdiction type, type of work for the=20
organization, organization type, employment status, number of staff in=20
the organization, size of population served by the organization, brief=20
description of the activities or responsibilities as they relate to the=20
course for which they are applying, primary responsibility and type of=20
experience, number of years of experience, date of birth, sex,=20
ethnicity and race. Information such as age, sex, and ancestral=20
heritage are used for statistical purposes only and are provided on a=20
voluntary basis. The social security number is necessary because of the=20
large number of individuals who may have identical names and birth=20
dates and whose identities can only be distinguished by their social=20
security number. Disclosure of an individual's social security number=20
is voluntary. However, if an applicant does not provide a social=20
security number, a unique identification number will be substituted,=20
which will affect the ability to retrieve complete training information=20
on an applicant. The information is contained in the National Emergency=20
Training Center (NETC) Admissions System. It will consist of=20
computerized files and paper records retrieved by name or social=20
security number.


[[Page 59610]]


    Dated: September 29, 2004.
David A. Trissell,
General Counsel, Emergency Preparedness and Response, Department of=20
Homeland Security.



    Accordingly, we add DHS/EP and R/FEMA/NETC/017, of the FEMA Privacy=20
Act systems of records to read as follows:

System name:
    Student Application and Registration Records.

Security classification:
    Unclassified.

System location:
    NETC, 16825 South Seton Avenue, Emmitsburg, Maryland 21727-8998.

Categories of individuals covered by the system:
    The system covers those individuals who apply for or take courses=20
offered by FEMA's NFA or EMI. Courses are offered on-campus and off-
campus, by State and local training agencies, through selected colleges=20
and universities, and through independent self-study. Information can=20
be obtained by individuals completing a general admissions application=20
or by applying for a course electronically. Information may also be=20
provided by a State or local training agency when the course has been=20
taken through that agency.

Categories of records in the system:
    Files include application forms and other information submitted=20
either in hard copy or electronically by the applicant. Information=20
collected includes, but is not limited to, U.S. citizenship (city and=20
country of birth is also included for non-U.S. citizens), social=20
security number or an alternate number that has been assigned in lieu=20
of the social security number, name, mailing address, work phone=20
number, alternate phone number, fax number, email address, course code=20
and title, course location, dates requested, course pre-requisite as=20
described in the course catalog, an indication if they require special=20
assistance, name and address of the organization being represented,=20
fire department identification number, current position and years in=20
that position, category of the position, jurisdiction type, type of=20
work for the organization, organization type, employment status, number=20
of staff in the organization, size of population served by the=20
organization, brief description of the activities or responsibilities=20
as they relate to the course for which they are applying, primary=20
responsibility and type of experience, number of years of experience,=20
date of birth, sex, ethnicity and race. Information such as age, sex,=20
and ancestral heritage are used for statistical purposes only. Personal=20
information is provided on a voluntary basis. Failure to provide=20
certain information being requested, however, may result in a delay in=20
processing an application because the information provided may be=20
insufficient to determine eligibility for the course. The social=20
security number is necessary because of the large number of individuals=20
who may have identical names and birth dates and whose identities can=20
only be distinguished by their social security number. The social=20
security number is used for record-keeping purposes, i.e., to ensure=20
that academic records are maintained accurately. Disclosure of an=20
individual's social security number is voluntary. However, if an=20
applicant does not provide a social security number, a unique=20
identification number will be substituted, which will affect the=20
ability to retrieve complete training information on an applicant.

Authority for maintenance of the system:
    Pub. L. 93-498, Federal Fire Prevention and Control Act of 1974, as=20
amended; Pub. L. 93-288, Robert T. Stafford Disaster Relief and=20
Emergency Assistance Act; Pub. L. 93-579, 44 U.S.C. 3101; Privacy Act=20
of 1974; E.O. 12127; E.O. 12148; and Reorganization Plan No. 3 of 1978;=20
5 U.S.C. 301; Presidential Memorandum, ``Electronic Government's Role=20
in Implementing the President's Management Agenda,'' July 10, 2002; 15=20
U.S.C. 2206, 44 U.S.C. 3101; 50 U.S.C. App. 2253 and 2281; E.O. 12127,=20
12148 and 9397; Title VI of the Civil Rights Act of 1964; and Section=20
504 of the Rehabilitation Act of 1973. Executive Order 9397 authorizes=20
the collection of the social security number.

Purpose(s):
    For the purpose of determining eligibility and effectiveness of NFA=20
and EMI courses; to reimburse students under the Student Stipend=20
Program, and to provide housing to students and other official guests=20
of the NETC. Information such as age, sex, and ancestral heritage are=20
used for statistical purposes only.

Routine uses of records maintained in the system, including categories=20
of users and the purposes of such uses:
    Information in this system may be disclosed as a routine use as=20
follows:
    1. Audits and Oversight: To an agency, organization, or individual=20
for the purposes of performing authorized audit or oversight=20
operations.
    2. Congressional Inquiries: To a congressional office from the=20
record of an individual in response to an inquiry from that=20
congressional office made at the request of the individual to whom the=20
record pertains.
    3. Contractors, et al: To contractors, grantees, experts,=20
consultants, students, and others performing or working on a contract,=20
service, grant, cooperative agreement, or other assignment for the=20
Federal government, when necessary to accomplish an agency function=20
related to this system of records.
    4. Investigations: Where a record, either on its face or in=20
conjunction with other information, indicates a violation or potential=20
violation of law--criminal, civil or regulatory--the relevant records=20
may be referred to an appropriate Federal, State, territorial, tribal,=20
local, international, or foreign agency law enforcement authority or=20
other appropriate agency charged with investigating or prosecuting such=20
a violation or enforcing or implementing such law.
    5. Litigation: To the Department of Justice (DOJ) or other Federal=20
agency conducting litigation or in proceedings before any court,=20
adjudicative or administrative body, when: (a) DHS, or (b) any employee=20
of DHS in his/her official capacity, or (c) any employee of DHS in his/
her individual capacity where DOJ or DHS has agreed to represent the=20
employee, or (d) the United States or any agency thereof, is a party to=20
the litigation or has an interest in such litigation and when the=20
records are determined by the DHS to be arguably relevant to the=20
proceeding
    6. Privacy Act Verification and Amendment: To a federal, State,=20
territorial, tribal, local, international, or foreign agency or entity=20
for the purpose of consulting with that agency or entity (a) to assist=20
in making a determination regarding access to or amendment of=20
information, or (b) for the purpose of verifying the identity of an=20
individual or the accuracy of information submitted by an individual=20
who has requested access to or amendment of information.
    7. Privacy/Act FOIA Access and Amendment: To the submitter or=20
subject of a record or information to assist DHS in making a=20
determination as to access or amendment.
    8. Records Management: To the National Archives and Records=20
Administration or other Federal government agencies pursuant to records=20
management inspections being conducted under the authority of 44 U.S.C.=20
sections 2904 and 2906.

[[Page 59611]]

    9. Requesting Information: To a Federal, State, local, tribal,=20
territorial, foreign, or international agency, if necessary to obtain=20
information relevant to a DHS decision concerning the hiring or=20
retention of an employee, the issuance of a security clearance, the=20
reporting of an investigation of an employee, the letting of a=20
contract, or the issuance of a license, grant or other benefit.
    10. Requested Information: To a Federal, State, local, tribal,=20
territorial, foreign, or international agency, in response to its=20
request, in connection with the hiring or retention of an employee, the=20
issuance of a security clearance, the reporting of an investigation of=20
an employee, the letting of a contract, or the issuance of a license,=20
grant, or other benefit by the requesting agency, to the extent that=20
the information is relevant and necessary to the requesting agency's=20
decision on the matter.
    11. Medical Assistance: To a physician(s) in order to provide=20
information from the application for students who become ill or are=20
injured during courses and are unable to provide the information.
    12. Boards of Visitors: To members of the NFA and EMI Boards of=20
Visitors Federal advisory committees for the purpose of evaluating=20
NFA's and EMI's programmatic statistics.
    13. Sponsors: To sponsoring States, local officials, or state=20
agencies to update/evaluate statistics on NFA and EMI educational=20
program participation.

Disclosure to consumer reporting agencies:
    Records in this system do not qualify for the purpose of disclosure=20
to consumer reporting agencies.

Policies and practices for storing, retrieving, accessing, retaining,=20
and disposing of records in the system:
Storage:
    Copies of paper applications as well as information maintained=20
electronically are stored in a work area that is locked when it is not=20
staffed. The doors to the work area are kept closed and signs stating=20
that access is limited to authorized personnel are posted on the doors.=20
There is limited access given to persons who have a need to have access=20
to the information to perform their official duties. Computerized=20
records are stored in a database server in a secured file server room.=20
Electronic records are stored on a file server in another building and=20
backed up nightly. The backup tapes are stored in a separate area from=20
the file server for seven days. After that they are placed in a safe in=20
another building and retained for one year.

Retrievability:
    Records can be retrieved by an individual's last name or social=20
security number.

Safeguards:
    The admissions contractor controls access to hardcopy records by=20
keeping them in file cabinets when not being used and in a work area=20
that is locked when it is not occupied by authorized personnel. The=20
System Administrator controls access to the electronic files by use of=20
passwords and the Admissions Specialist assigns rights to modules of=20
the system based on work responsibility. The files are stored in a=20
secure server room at FEMA's Emmitsburg facility. Records are=20
maintained in accordance with Federal computer security standards.

Retention and disposal:
    Hard copy records are maintained for one year and nine months, at=20
which time they are retired to the Federal Records Center. Records are=20
retained for a total of 40 years. Computerized records are stored in a=20
database server in a secured file server room. The same retention=20
schedule that applies to paper records will be followed. This is=20
consistent with the records retention schedule that has been developed=20
for this system.

System manager(s) and address:
    Senior Admissions Specialist, National Emergency Training Center,=20
16825 South Seton Avenue, Emmitsburg, Maryland, 21727-8998.

Notification procedure:
    Individuals seeking notification and access to any records=20
contained in the system of records, or seeking to contest its content,=20
may inquire in accordance with instructions appearing at 6 CFR Part 5,=20
subpart B, with specific reference to the verification of identity=20
requirements of 6 CFR 5.21.
    Requests for Privacy Act protected information must be made in=20
writing, and clearly marked as a ``Privacy Act Request.'' The name of=20
the requester, the nature of the record sought, and the required=20
verification of identity must be clearly indicated. Requests should be=20
sent to: Privacy Act Officer, DHS/FEMA Office of General Counsel (GL),=20
room 840, 500 C Street, SW., Washington, DC 20472.
    Certain public information such as name, organizational address,=20
organizational telephone number, email address, position title, course=20
code and title, and the dates the course was taken are made available.=20
All reports are based on organizational information.

Record access procedures:
    Same as Notification Procedure above.

Contesting record procedures:
    Same as Notification Procedure above. State clearly and concisely=20
the information being contested, the reasons for contesting it, and the=20
proposed amendment to the information sought.

Record source categories:
    The sources are the individuals themselves, applicants to NFA or=20
EMI courses, Federal employees, and FEMA employees and contractor=20
support processing NFA or EMI course applications as part of their=20
official duties.

Exemption claimed for the system:
    None.
[FR Doc. 04-22363 Filed 10-4-04; 8:45 am]

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